| Matter of Butler v Commissioner of Westchester County Dep |
| Motion No: 2008-05837 |
| Slip Opinion No: 2009 NY Slip Op 80583(U) |
| Decided on August 13, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M90788
E/sl
ANITA R. FLORIO, J.P.
HOWARD MILLER
RUTH C. BALKIN
LEONARD B. AUSTIN, JJ.
|
2008-05837 In the Matter of Sidney Butler, appellant, v Commissioner of Westchester County Department of Correction, respondent.
(Index No. 08-191)
| DECISION & ORDER ON MOTION |
Motion by the appellant for the assignment of counsel and to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Westchester County, entered April 4, 2008.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules of this court (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the branch of the motion which is for the assignment of counsel is denied as academic.
FLORIO, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court